Justice News

BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that David Johnson, 41, of North Tonawanda, N.Y., pleaded guilty before U.S. District Court Judge Richard J. Arcara, to aggravated identity theft. The charge carries a mandatory minimum of two years in prison and a fine of $250,000.

In addition, Calvina Myles, 27, also of North Tonawanda, pleaded guilty before Judge Arcara, to bank fraud. That charge carries a maximum sentence of 30 years in prison and a fine of $1,000,000.

Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 2012 and March 2013, Johnson and Myles used the names and personal identification information of two individuals to apply for two Capital One credit cards in those names. The defendants, and a third co-conspirator, Avery Gill, purchased merchandise and gift cards from retail stores using the credit cards. Johnson also accompanied Gill who made ATM withdrawals using the credit card. As a result of this conduct, Capital One suffered a loss of $29,429.16.

Charges are pending again defendant Gill. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The pleas are the culmination of an investigation on the part of the U.S. Postal Inspection Service, Boston Division, currently under the direction of Acting Inspector in Charge, Shelly A. Binkowski.

Myles’ sentencing is scheduled for July 17 at 1:00 p.m. before Judge Arcara. Johnson will be sentenced on August 4, 2014, at 1:00 p.m., also before Judge Arcara.